Simmons v. State
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in refusing the defendant permission to prove, or attempt to prove, that the prosecutrix had a lover, and that the charge was made in order to shield that lover. The motives of the prosecuting witness may be shown. 2 Ene.
Read the full summary
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; 1. The court erred in refusing the defendant permission to prove, or attempt to prove, that the prosecutrix had a lover, and that the charge was made in order to shield that lover. The motives of the prosecuting witness may be shown. 2 Ene. Ev. 246; 33 Cyc. 1455; 125 S. W. 921; 116 Id. 872; 58 Ark. 353; 49 Id. 439. The exclusion was highly prejudicial. 2. It is error to single out testimony of accused and stress it in the charge to the jury. It is not the province of the court to charge the jury upon the effect or weight of the…
1Opinion of the CourtHart, J.
Columbus Simmons' was indicted under section 2008 of Kirby’s Digest for carnally knowing a female person under the age of sixteen years. It was shown that the prosecuting witness was a female under the age of sixteen years at -the time she testified that the crime was committed. She testified that the defendant had sexual intercourse with' her on the night of November 22, 1915, in Pike County, Arkansas. She was unmarried at the time and said a child was born unto her as the result of such intercourse. Several other witnesses testified that the defendant admitted to them that fie had had…
2Cases cited5 opinions
- Jones v. StateSupreme Court of Arkansas · 1895
- Hamilton v. StateSupreme Court of Arkansas · 1896
- Latourette v. StateSupreme Court of Arkansas · 1909
- Jones v. StateSupreme Court of Arkansas · 1912
- Weatherford v. StateSupreme Court of Arkansas · 1906
3Cited by4 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- Stout v. StateSupreme Court of Arkansas · 1968
- Stout v. StateSupreme Court of Arkansas · 1968
- Williams v. StateSupreme Court of Arkansas · 1975